The Sun. — London, England, 1818-12-11 00:00:00

COURT OF COMMON COUNCIL. CRIMINAL LAWS. A Court of Common Council was yesterday 'held, to take into consideration the present state 'of our Criminal Code, and the propriety of pe titioning Parliament to revise the same.—The re nui,ition having been Mr. Feveee rose to call the attention of the Court to one of the most important subjects that could occupy its attention. The Ilasulutions which lie had to submit to the Court would, he Loped, meet with the unanimous concurrence of all present. That it might not he urged lie had called upon them hastily to enter upon this great question, he had suffered his motion to stand over for three or four • months, that every Member might be fully prepared for its discussion. He Mould reedily admit that no country might hastily to chenge the system of its criminal laws ; hut no man would, he thought, venture to say, that, from the lepse of time, it might not become ne crseuy ler the laws of a country to be revised, however excellent they might have been when first tremed. 'lbis could not be maintained veith net contending that the Di uidical rites and 011 the f)su , dities Of antigeity might st 11 to beeipbeld. attver might be said in opposi:ion to the mo tion whieh be should make, by the advocates for the present system, he thought the cause he had e•poesed one that required no apology to be made for it. lit every circle, public and private, the character of our (Almond laws had long been a tuetter,of complaint. That they were not what they ought to be was generally felt, awl his la bours on the present occasion were much ahr idged by the manner in which the sub ject had been taken up by the public Teat some alteration ought to tithe place could hat dly tie (jellied by any one ; fur weet► laws were found to be such, that good sense fel bade them to he carried into execution, then it was (pity clear that the time had arrived for re ising them. This question could be no where mote prop, rly agitated than in the Chemed Cham ber of that City, for which, eight times in the ever, it eras found necessary that his Majesty's Commission for holding a Sessions of Oyer and '1 ermitier should issue. That Court had, in his opinion, a fit and competent jut isdiction to try the merits of the case. When he said this he did not meet' to say that it was not one of the most diffi cult subjects that hail come before them for many years. Never had they more occasion to make use of the motto which he had seen over the en trance of that Hall as lie came to the Court that day—" Dunzine dirige Hering briefly no ticed the evils brought on a country by war, which at the end seldom failed to produce an abundant harvest of crime and pauperism, tie proceeded to inquire into the cause of that shuddering which all felt when contemplating the crimes of murder and . lelo de sc. This, lie showed, sprung (tom the re flee inn that He had been taken - away which no linemen being could restore. Our present san guinary la:vs were contemplated with sitnilar feel ings, and for the same reason. While speaking on this subject, it would be felt that he was stand ing almost on the ashes of departed worth—on those of that deeply regretted Statesman and Lawyer, Sir Samuel Romilly. It was in the com pany of that great man, and in that of Sir W. Jones, that he remembered first to have heard the defects of our penal code discussed. If now, at an l ot nibleolistaoce, he attempted 10 pursue the track of Sir S. Romilly, be felt it no disgrace to appear as one of the sat ellitea of that radiant orb which bad too soot) been lost to the world. 11 it were the wish of the country to honour his revered name, t hey could not do this_ better than by re solving to act on the principles of which he had been the advocate ; and it they did this, and adopted his eoligloened plans for retorming bad men, and meking them good subjects, they would give him a inure imperishable record than they could bestow by writing his name on tablets of brass. Our present code Was, he believed, the most sanguinary known among civilized nations.— Among the Hindoos, he had read, that the crime of disturbing a Bramin at a grime of chess was punished with death, and that the same fate awaited lskvn who should gather a particular spice before he paid tri bute ; but he knew of no criminal laws in use atuotig civilized nations that were so severe ae those of En g land. He supported his argument by referring to the authorities of Sir T. More, the Theron Mont.senieu, Dr. Johnson, Mr. Justice Blackstone, Mr. Fox, Mr. Pitt, Dr. Parr, Lord Grenville, Lail - Grey, Lord Holland, the Marquis o Lansdowne, Mr l'ohsonbe, Mr. Wilberforce, and many others. The late Sir William Grant he named as the first witness he would call. On his authority, he showed that the harshness of the punishment aWarded operated to prevent prosecu tion, and to induce .furies to let the accrued escape with imptoii.y, by taking upon themselves to ex ercise a disci et ion never vested in theno He had given it as his opinion, these in the advanced stroe of civilization which this country had at tained, the punishment of (teeth was too severe to be inflicted for twiny of those offences for which it lees now awarded. The Emperor Alexander was his next wit n ess. H e e a e. a b o .. lished the punishment of death in his dominions, excepting it, cases of treason and murder. lie would next call the . present Attorney-General. He was disposed to revise the Criminal Law in One instance. It seemed curious, that in the case of the foulest murder that bad ever been corn- Milted—of murder and rape—the accused should be suffered to escape through die law of Wager of Bettel. 'The Attorney-General had given no tice that he meant to move for leave to bring i n to alter this Law. There he might mean to stop, but he (Mt', Favell) should perhaps be able, by and bye, to show that there were a few other laws wanted revising as well as that. Sir W. Blackstonekand Mr. Fox had been favourable to such * revision, and Mr. Wilberforce hid stated it to have been the wish of Mr. Pitt- seinnit the whole Petrel Code to the revieimeof ..onic able lawyer. TO show the increase of crime, he thee read fri,m the criminal returns the lists of conviction', com mittals, and executams, vvithio the last six years, for London and Middlesex. From the returns it would be seen there had been a great increa.,! oI cOnle, and especially of -)ii:Tillie delinquency, to olie against the offender being taken. There The committals, it wind(' be seen, exceeded in were perhaps as many more to one against his the last year those of 1805, in more than the ratio being committed for trial if taken and convicted 5 of three to one. The Noble Secretary of State end if convicted, against the sentence being cat bad said the objections to the severity of the laws tied into effect. One great source of the evil was were answered, by the - circumstance of its being to he found in the state of our prisons, which bad competent for the prosecutor to reduce the value not been made places of reform, but rather the of the property stolen, and thus punish an of- seat of licentiousness, well calculated to prodpce fender for the smaller offence. This, however, he an increase of ceime• He wished every thing objected to. If he were robbed of property to the that could be done to employ the prisoners to be amount -of 5/. and prosecuted the, thief for steal- attended to. He was confident that, if crime were ing to the amount of 39a., he was guilty of some- followed by certain and appropriate punishment, thing very like perjery. He came before the Court more good would be accomplished than by em with a lie in his mouth, as he was sworn to " tell powering the Judge to inflict that which they the truth, the whole truth, and nothing hut the knew he would nut sentence them to endure.— truth." Some of theexisting laws weresolittleatuited Such were the . opinions of the benevolent to the times, that they were absolutely ridiceloes. Howard, with whom he had had the bottom- lobe There wits one for instance, which preclidled the personally acquainted. In consequence of the Lord Mayor of Londou trout haviog more than connexion he had formed with that distinguished two courses at his table; and done was another character, he had visited matey prisons. Those for the encouragement of our woollen manefacto- of Bevy St. Edmund's and Lancaster he consider ries, by which coats were forbidden to be made ell to he much better regulated than the prison's too scanty. He thought on this statute he shotdd of the City of London. This was a point most prosecute the Gentlemen Dandies for not wearing important to be attended to, es he was of opinion coats provided with the legal broad constitutional the adoption of a good prison system tended flaps. There were also laws forbidding An old di,- greatly to the diminution of crime. charged soldier to ask alms in his red coat, and for Mr. Jeces, while he lamented the increase of greeting benefit of clergy in certain cases; in crime, leaped the remedy suggested by the Mover according to these, a man if able to write his of the Resolutions would not be found equal to name, though convicted of a capital offence, ought he task of repressing the evil. H. did not know not to be hanged. The severity of our lees had that a rev isimeof our criminal laws had been long long been a matter of complaint. George the Se- and loudly called for by the public, as had been cond had felt so strongly out this stiluject, that he stated by the opener of the debate. This he was most reluctant to order those louder sentence knew, that the subject had beeu already brought of death for execution, and frequently whirled his before the two Houses of Parliement ; and he hat round the room more than once before he also knew, that when first agitated by Sir-. Samuel could be prevailed upon to sign die death warrants. Romilly, he had taken the opinions of the Twelve He next adverted to die punishments for priveiely Judges of England on the question, who were ulna ; stealieg, and for stealing to the amount of sa. tornously against the suggested change. The two out of a shop. Here he sheaved, on the motto- meat Law Officers of that Court, the Recorder and rity of Lord Grenville, the plieishmeet to be dis- the Common Sergeant, had conceited with the proton-inmate to the offence. The best coarse for and within the last half-hour the Co in mu it preventing crime wits to make its punishment cer• Sergeant had stated his opinion to remeio en tail), though not unnecessarily severe. A variety chiltiged. Ile denied that the English code was of authorities, ancient and modern, he referred to the most sanguinary that had ever beet' known, in support of this position. The bite:l , lBln yof the and to prove it was not, lie referred to the laws admittistraiion of the laws he shewed from the of Draco, of Solon, of Lycurges, aunt of the case of two men tied at different periods, and twelve tables in the Roman Republic, which he before. different Judges, for Ole same offence, allowed to have been much more severe. By the that of . stealing poultry. One was sett- lest, besides 'hat the rule "of ati eye for an eye o tenced by Mr. Justice Buller to two or and a tooth for a tooth," was enforced, treason, three months' imprisonment ; the other, who minder, rape, magical incantations, and " libels bad escaped, surrendered on hearing of this leuient and satires which disturb the peace of cities," sentence, expecting to be dealt with in the same were polished with death. The laws of Menu, way ; but Mr. Justice Gould, taking a different in India, ..-ere tilOre sanguinary. view of the subject, sentenced hie, to transporta- Mr. PAYELL bee;ged to remark he had only said lion for 14 years. He contended at great length, our corht: wits the must sanguinary of those adopted that crime was less effectually repressed by seve- by civilized nations. rity of punishment than 'lied been in !natty in- Mr.Jeces then referred to the lives of Moses, stances supposed. When the laws were too Sc- and proved that our code•was less severe than his. vere, they invariably became a dead letter. He lied In support of the view which he took to the gees no wish to screen criminals or to make shoo-zeeos tion, he quoted Montesqutieu and Paley. He showed comfortable. He wished to make the punishment . that good effects resulted front the discretion now of crime certain, but not disproportionate to the exercimed by those who administered the laws(end offence committed. As the laws now stood, they had never met with a professional man, who could not be executed. - net able and htitnalle was not tied down by perty prejudice, who did Judge Sir Vicary Gibbs, on toe trial of a boy for not agree with die opinion he lend referred ' stealing five shillings worth of half-pence, •had to, :is that of the twelve Judges of nightld and seggested to the Jury that if they believed any of of the Recorder awl Common Sergeant of that them to be bad, they would be justified in finding Court. lie wished prisoners to be employed, hint not guilty—thus pointing out a way for l e t- and should be glad to see a classification effected tin;; him escape the excessive rigour of the law. which could not be made in Netvgate at present. In one case a Jury bad found two good bills of He felt disposed to recommend that an amalga exchange for ten pounds, and eight bank-notes 'nation of the gaols of London and Middlesex to the same amount, were tinder forty shillings should take place, so that one might be set apart in value. Mary Bradley, who hail refused for the reception of offenders of one class, and eight guineas for what she bed stolen, was another fur those of a different description. found guilty of stealing to the amount of thir- Mr. TAYLOR (a new Member who sticceeds Mr. ty-nine shillings. It would thus be seen that Waithman) thought it a strong argument in fa laws wet ein such cases made by Juries, and not vour of the revision of the laws, that they could by Parliament. Dr. Ford had given it as his opi- not be carried into execution as 'they now stood. nion that public executions did not produce that —lt was seen that prosecutors would not come good effect calculated upon by those who favoured forward, witnesses would not give evidence, jit them. Solitary confinement by night, or labour ties would not convict, and judges directed ver durine, the day, was that of which prisoners were diets to mitigate their severity. It would be bet the most ninth'. At present there were 200 ter that th i s me rc y should be found in the laws crimes punishable by death. It was impossible themselves than in !he breasts of those who ad that so inane could deserve the same severe pu- ministered them. Public executions he held to nishment. He could add many authorities to the be of en injurious and brutalizing tendency. He many he had already mentioned, in favour of a denied that our code was of such great antiquity less sanguinary code---of one which would have .as had been supposed. Many of the severest laws for its object the reform of the offender.— were modern Muovations. 1 - .le supported the Re- Private individuals haul shown this was not solutions. impracticable—Doctor Leetsom haul, he be- Mr. S. Dixon hoped, while they were consi lieved, in one instance, been the means of re- tiering of showing mercy to offenders, that they forming a highwayman. But the most strika would not target that mercy which they owed to ing case he had ever heard of, was fur- the community at large. He was fearful that a Dished by the Reverend RowlandaHull. That Motion like the present (though he was sure no- Reverend Gentleman preached the funeral sermon thing could be further from the intentions of the of one who had been his servant, and who for Mover) might be found to have a tendency to thirty Years bad well discharged his duty to God increase rather than diminish crime. The person and man. At the close of the sermon he had told' who stole five' shilliegs would steal five thousand his congregation, that he had then to state what shillings if they came in his way, and did not had never escaped his lips before—that that man therefote appear to him entitled to all the com bed once stopped hint on the highway. There miteration bestowed upon him. For die 101. was a something about him that 'mole a favour- notes that had been stolen, it might be that they able impression on him (Mr. Hill), and after some had been taken singly, and if so, the property resistance and expostulation, he had told the watt stolen at atty one time had been under forty to call on him. He did so—became his servant, and was completely reclaimed.—The resolutions Mr. FAVELL said, SLICh was not the case in the which he had to submit to the Court, went instance to which he bad alluded. to call for a general revision of the et-imbed Mr. Dixore said, for his part, he wished no laws'of the country. He had to remark the Lord Bank Notes were issued tinder 51. and then people Chancellor was with him in this, for he had said, would be more circumspect when taking them. — while opposing one of Sir S. Roninly's B,ils, " le- To the number of persolis under 17 years of age stead of bringing these bills iii every year, wily stated to be now in Newgate, he did not attach not appoint a Committee to examine the whole notch importance, as no trick was more common code." He hoped the present period, one of pro- than for persons convicted to make themselves much found peace, would be viewed by the Pew Par- younger or older titan they really wet e, in order liament as offering; a fit opportunity bur eutering to excite commiseration. He wished the Come noon this important work, lie would not tees. to divest themselves of all prejudice on this itn pass longer on the time of the Court, as any limo; portant question : Cuiminel Code, he begged to he had omitted to urge, would, he doubted not, say, we had none. • We had 'Acts of Parliament he well strophe(' by the Gentleman who would to punish particular offences, butt no great Cri second his Resolutions, who had been the personal minal Code. The great increase of' crime which friend of the beuevolent Howard. He then read had taken place, appeared to him to be the result a string of Resolutions which embodied the grin- of a want of employment. Though be differed %a ids cipal topics of his speech. some gentlemen on the policy of itorodeciog into - Mr. WILLIAMS seconded the Resolutions, The, our maimfactories engines of great tnechautical increase of crime, and especially of juvenile de- powers to supersede human labour, he should be lirpency, called for the attention of the linnone. glad to see every poor man able to earn a coin if the Bible Societies and Sunday Schools hats" fort able subsistence. He then adverted to the done the good which their advocates supposes) to • case or an unfortimate foreigner, Against whom have been accomplished by their !neat' s, what a verdict of fell) de se bad recently been given.— would the cou ntry hare been without them, it The law respecting - self-destruction, he m tie they might judge from its present situation whit tamed, was admiuisteted in one way to the rich, them ? On': great cause of crime tees, the (nicer- and itt another way to the poor. 'chat nultarupy taitoy of peei.d under the proeit syst ems.---- ratan had endured the most dreadful distress. I his Weett a clinic was CulAulittcla t wenty case was siustlat to many others, in which tt Yet.- aict rignt: y 'Ratio?: :tie party Iflte C° ma tra n i the re:. in . a.state of temporary derangethent ' 13 0 ( been given. A verdict of self-murder was Ole,. again:4 him, and he had been brought but co.vetrit tt l ect with a sheet to a hole dug in wh at he intr call the worst part of Thames-street. There 1 6 was exposed, as naked as he was born, thr°% into the hole and covered over. The impre ss ' '' . made on those who witnested this &stria' sPec' tack he held to be most unfavourable to our n s i tional character. He also noticed the cage two unhappy brothers, who, after having be e interred in consecrated ground, had been Kira 1 to be buried like dogs—or worse than the cross-roads. To the manlier in which the Is was carried into effect in such cases, he had s objections. Ile wished punishment tot i th ve() ef trto he inflicted on him who made a livelihood by rather than on the unhappy being who migh t urged by want to commit one solitary Offen". A He did not wish crime to be punished too se t verely, nor did he wish a general rule to be a"Pti, eel, that would show unmerited lenity to all ° tenders. Mr. [TATTEN supported the motion; l‘elr. OLDHAM thought the best remedy tor existing ex,il would he found in making tnent to follow crime with more certainty do n 'f did at present, and in tr'orcintr, an obc-ervlan ce moral and religious duties on those committed 1" prison, pet it iP i " rs The Resolutions were agreed to. A to Parliament, tonndrd on them, was IttCll IT SI and adopted, and the Court adjourned. LAW INTELLIGENCE. VICE-CHANCELLOR'S COURT, Dec. I& CASE OF TITHES. BANKCS V. ABEAM. His Honour the VICE-CHANCELLOR eilMe it/ Court at ten o'clock, and said, " I have WI, looking into this case, and I have nu donht V ° - I can Make a decree against the Vicar , hat I On not against the Reet t or that would bin(' l i n without I direct an issue to a Court of L4W' tbo the Rector has commoo law Vicar has not, as he holds his title by 01'1 1; went. I however think the Rector has 1 10 . 1 e I t to call on me to hear this cause before I "a. ; , - , c o the issue ; and if my opinion should be aV e : , ,,.." him, be is entitled to call on me for the issue,7o, (For the circumstances of this case, see this Par of yesterday.) of Mr. Hain', leading - Counsel for the Vi c ' r • the parish, then commenced to state docon'ed tary evidence tram the time of the reign Richard 11. to the ypplionnetit of the P re 44, Vicar, the Rev. Richard Lloyd, in the y ea" I 1:',0 fur the purpose of shewing that, the Vio l ; do entitled, to receive the rectorial tithes 0 ' ' ol . parish of St. Dunstan. The Learned OVii"l did nut conclude his statement until . 1047 two o'clock. The VICE-CHANCELI.OR.—"•Are you 11 , - 0 1 Mr. Wetherall, now to proceed with the fleci;ooc case, or will you take au issue ; for I wi"Or. allow Mr. Bell and Mr. Stephen to foliag e Hart until I have first heard you ?" n ,ttt Mr. WETHERALL,—" I ant Ft-Heed), reo" state, my client's case ; I think it will b ei tli e satisfactory to all the parties to hare an i°`je rected." The VICE-CHANCELLOR —" 'The issoe that I direct to be tried is, whether the Iliv`'lcer" entitled to tie tithes of the parish Th.e. tJ must be the plAin , iff, as he claims excepti°/- the common law right." COURT OF KING'S BENCH, Dsc. 10. SYKES V. MANTON, ha C This was an action brought by an ingenious INec-",;:;), Sheffield, against the defendant, a e-,un-soiith in ifto a vioiiition‘ of patent •right. The • iilaintifT complaineu tiolif the defendant had made and sold a pecu liar poivr o 511; with what was termed o cutter: but it appear ed t!tio- ty eiqca:iun in the patent did not entitle lota to t'OPP° and be - was honsuited. THE KING V. WIMPLES. Iff tb l . This was a proceeding to i aside a patent obta inec y defendant at a new tootle of drying malt. Mr. Ctu ss tended that the plaintiff's specification had nworigioa Mr. SCAR LET r and Mr. HMOlSON"argued in suPP` )ft ate " E P speci f ication. The Court, under all the cirentustances; set th e - aside. ,„ n ce. The other causes tried this day were of n o DuEL.—Tuesday seqnig lit a meeting to°", ' at Newpark, near Athlone, between 1.11()t,(001 Dowling, Esq. and Tully Keogh, big. A f t ef? b i d exchange of shots, which happily ha d il l a nd - feet, the friends of the parties in tellerol, reconciliation took place. , _ BIRTH. ~ b t ‘ r‘ On the 4th inst. the Countess of Abertleer • OO MARRIED. ss4' r. On the sth inst. at Cheltenham, Georre Barcl l o i e AtO , of Colonel Barclay, his Majesty's UontnOsione r f',l,o ' o Atj oi rican boundary, to Matilda, only daughter of AT, hie fr'rc, Esq. of Hoveton Hall, Norfolk, and grand-01p the late General Count Lockhart, of Lee and Ca" 3 2 ' ___...../'' ' ---- 01.0' PROVINCIAL BIRTHS, MARRIAGES, AND Ps BIRTHS. AY 4)f I°‘. Lately, at Riversdalc, county Limerick, the L a "' • - 0 1113. th .aniel L• Roboins Es q. of a son and heir. ~ of Lately, at Corballv, County Limerick, the La u y hose, E. of a-datv•itter. pert MARRIED. , v eri i tct On the 7th inst. at St. Peter's Church. Richard Per,,,Ligo . ~ o Esq. of Bellvue, county of Dublin, to Willielonot 1 fi l l of the late Dean Kirtt att. Ittli n b,° Lately, at St. Anne's Church, Liverpool, Nir'.,' s DO - to Margaret, eldest daughter of the late Ms. Jaul-- Lancaster. . . _ . )11' c. o f 4 1 4 Dieu: Lately, the R. IV. Brown, Vicar of the polis A Pe :,ooy l ,:'o ll, and Gnilsfield, in the county of Muntgomety,39`:b-eodol'" Magistrate fur that county ;. by whose death a- I. ' , in t• y in the Cut tetiral Chinch of St. - Aslph becontes ‘'ac‘,.i. oro Carpenter, Esq Lately, Eliza, daughter of Mr2John Etl"'''ds' COI • street, chebter. At Sider's, Madras Presidency'. art 4 1 " an° ‘9°f) l i .st, Lutelv, in tieorge's•street, Dublin, Mr. b . 3. LIO ' t f Il l s c . Coniniticial Resident there. vvoicellP of Chavies Ni•Do, el I, of Howl lt. 1,, .te1Y, at Bevel. Patti. county Clare, the s ea- T c we e-/ , ther -1 0 - law, Robert Keatte, F.s.i. the 80% 'lci ly ; .7 ' Cf e4 LONDON; Printol by J. B. cmtsTA tits, of h l 7 t , ' ! .4:: Ormond-street, Queen-square; and P lll - 111 ?" e 1.11 ?/ 1 ` 1' `'''CIIIITS , of No. 7, South M o lton-stre c " 0 ,•:/lA 0•1ce, No. 1 Ii; Strand ; where Advettiseo Lettos, Ky. 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